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ANDREA CHAMOUN v. COMMONWEALTH PENNSYLVANIA (06/02/88)

decided: June 2, 1988.

ANDREA CHAMOUN, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review, in the case of Andrea Chamoun, No. B-257274.

COUNSEL

John W. Murtagh, Jr., John W. Murtagh, Jr., P.C., for petitioner.

J. T. Carney, for intervenor, USX Corporation.

Judges Barry and Smith, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge Smith.

Author: Smith

[ 116 Pa. Commw. Page 500]

Andrea Chamoun (Claimant) appeals from the denial of benefits by the Unemployment Compensation Board of Review under Section 402(b) of the Pennsylvania Unemployment Compensation Law (Law).*fn1 The Board's decision is affirmed.

Claimant contends in her appeal that the denial of benefits under Section 402(b) was not supported by substantial evidence of record. The referee found that Claimant was employed for 10 years with USX Corporation as a staff auditor. Her last day of work was June 13, 1986 when she commenced maternity leave which was expected to end on August 20, 1986, or 45 days following

[ 116 Pa. Commw. Page 501]

    the birth of Claimant's child due on July 5, 1986. Because of medical complications discussed with the company doctor during his examination of Claimant on August 20, Claimant was unable to return to work as originally scheduled and was therefore continued on leave with pay.

On September 10, 1986 Claimant reported to the company doctor who advised Claimant to take an unpaid parental leave as she was no longer entitled to leave with pay. Claimant visited her personal physician on September 12, 1986 and testified that she thereafter notified the company doctor that she was advised not to return to her job. Claimant was notified by letter from her employer to contact the Assistant Director of Claimant's division by September 19, 1986 to discuss her return to work and that failure to do so would be deemed a voluntary quit. Claimant contacted instead the EEO coordinator to discuss her job status and medical condition. On September 19, Claimant's employer notified her by telegram that since she had been medically cleared to return to work, she was required to contact employer by September 22 to advise whether she would return to work, take parental leave or resign; and if Claimant elected to return to work, she should report the week of September 22. Claimant failed to report to work or contact her employer contending that she was upset and did not wish to call employer. As a consequence, employer notified Claimant on September 26 that her failure to return to work at the conclusion of disability was deemed a voluntary quit.*fn2

The referee further found that Claimant's personal physician had notified the company doctor that Claimant's disability had ended, and that continuing work was available to Claimant had she elected to

[ 116 Pa. Commw. Page 502]

    return to work. The referee concluded that Claimant voluntarily quit her employment without cause of a necessitous and compelling nature. The Board by its order dated April 10, 1987 ...


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